What is a Contingency Fee in a Colorado Personal Injury Case?

Jerry Bowman, Owner and Managing Attorney

General
October 26, 2023
What is a Contingency Fee in a Colorado Personal Injury Case?

When individuals in Colorado suffer personal injuries, navigating the legal process to seek compensation can be daunting, particularly when concerns about costs and fees arise. Fortunately, contingency fee agreements offer an effective solution for the injured individual. Contingency fee agreements allow injured persons to focus on what matters most – their healing. 

Understanding Contingency Fees

A contingency fee is a payment arrangement in which lawyers receive compensation based on the successful outcome of a case. Put another way, this is a percentage of what the lawyer is able to recover on behalf of the injured person. 

One of the key features of a contingency fee arrangement at Bowman Law, is that there are also no upfront costs. This means the personal injury attorneys at Bowman Law agree to pay upfront any costs associated with representation, with those costs to be reimbursed at the conclusion of your case. This removes the financial barrier that often prevents individuals from seeking legal representation and helps to ease the fear of owing an attorney the entire settlement or more.

Why are Contingency Fees Effective in Personal Injury Cases?

Lawyers opt for contingency fees in Colorado personal injury cases for several reasons, including:

  • Access to Justice: Contingency fees ensure that individuals with limited financial resources can still access quality legal representation. Clients don’t have to worry about the upfront costs associated with hiring a lawyer, leveling the playing field. 
  • Risk Sharing: Lawyers assume a portion of the risk by agreeing to work on a contingency fee basis. They invest their time, resources, and expertise in the case, bearing the cost if it does not yield a successful outcome. You can be assured that your attorney has your best interest in mind.

What are the Benefits of Contingency Fee Agreements?

Contingency fee agreements offer numerous benefits to clients, such as:

  • No Financial Burden: Clients can pursue their Colorado personal injury claims without worrying about the cost of legal representation. They only pay if their lawyer successfully obtains compensation on their behalf.
  • Financial Protection: Contingency fees provide clients with a sense of financial security. They can focus on their recovery while knowing that their lawyer is invested in their case’s success.

What is a Typical Contingency Fee in Colorado Personal Injury Cases?

The contingency fee percentage typically falls within a range, often between 33% and 40% of the recovered damages or case value. However, the exact percentage may vary based on factors such as the complexity of the case, the potential risk involved, and state regulations. 

In Colorado, there are specific regulations governing contingency fees in personal injury cases. It’s advisable to consult with a knowledgeable attorney at Bowman Law who can provide guidance on the applicable fee structure and ensure compliance with state rules.

How is a Contingency Fee Calculated?

The contingency fee is calculated as a percentage of the final settlement or court-awarded damages. Here’s an example to illustrate the calculation: Let’s assume a personal injury case results in a $100,000.00 settlement, and the contingency fee percentage agreed upon is 33%. The attorney’s fee would amount to $33,000 (33% of $100,000), and the client would receive $67,000.00.

Are there Costs in a Colorado Personal Injury Case?

When pursuing a personal injury case, it’s crucial to understand the costs involved beyond the contingency fee. While contingency fees cover attorney services, there are additional expenses to consider throughout the legal process. Examples of these costs include:

  1. Medical Records and Reports: Obtaining medical records, diagnostic reports, and expert opinions can be essential in building a strong personal injury case. However, acquiring these documents often incurs costs, as healthcare providers and experts may charge fees for providing these records and reports.
  2. Investigative and Expert Witness Fees: In some personal injury cases, hiring investigators or expert witnesses may be necessary to gather evidence, reconstruct accidents, or provide professional opinions. These services come with associated costs that are separate from the contingency fee.
  3. Administrative Costs: There may be administrative costs involved in handling a personal injury case, such as postage, copying, or courier fees for delivering documents and correspondence. 
  4. Court Fees: Filing a personal injury lawsuit often requires payment of various court fees, such as filing fees, document processing fees, and fees for other court-related services. These fees can vary depending on the jurisdiction and the complexity of the case.
  5. Litigation Expenses: If the case goes to trial, there are additional expenses to consider, including fees for jury selection, court reporters, trial exhibits, and expert witness testimony.

It is important to ask your attorney how costs will be handled in the event your attorney is not successful in winning your case. The attorneys at Bowman Law are aware of the financial burden an injury can cause and understand there are always risks associated with even the most straightforward claims. Bowman Law will never come after a client if unsuccessful.  

What is the Difference between Costs and Fees?

While the contingency fee is the percentage of the recovered damages or case value that the attorney receives as compensation, costs are separate from the contingency fee and usually fall on the client. It’s important to understand the distinctions between costs and contingency fees:

Contingency fees are the amount paid for the attorneys’ time and effort working on your case. Costs are the amount paid or advanced by the attorney to gather information and documentation related to your claim. In most cases, the contingency fee and costs are paid directly out of the settlement or court-ordered award. However, it is best to consult with the attorney about their fees and costs prior to retaining the law firm. 

To have a clear understanding of the potential costs involved in your personal injury case, it is crucial to have open and transparent communication with your attorney. Consider the following steps:

  1. Initial Consultation: During your initial consultation, discuss the potential costs associated with your case. A knowledgeable attorney can provide an estimate of the typical costs involved in personal injury matters.
  2. Detailed Fee Agreement: Your attorney should provide a detailed fee agreement that clearly outlines the contingency fee percentage, as well as any anticipated costs you may be responsible for throughout the case.
  3. Cost Management: Throughout the legal process, your attorney should keep you informed about any significant costs that arise and discuss strategies to manage those costs effectively.

Consult a Colorado Personal Injury Attorney to Discuss Contingency Fees

Contingency fee agreements in personal injury cases provide individuals in Colorado with the opportunity to seek justice and compensation without the burden of upfront costs. These arrangements align with the interests of clients and lawyers, ensuring dedicated and motivated representation. 

By offering financial protection and access to quality legal services, contingency fees empower individuals to pursue their personal injury claims effectively. If you have been injured, don’t let financial concerns hold you back—reach out to a personal injury lawyer at Bowman Law, where our attorneys are experienced and confident to navigate your case and fight for the compensation you deserve.
Schedule a free consultation to speak to one of our personal injury attorneys about your claim. Our office is located in Denver and we serve Colorado Springs, Boulder, Fort Collins, Aurora, and the surrounding areas.